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<br />3. Preemployment inquiries. <br />a. A Consultant may not make a preemplyment inquiry or conduct a <br />preemployment medical examination of an applicant to determine <br />whether the applicant is an individual with handicaps or disabilities <br />or the nature of the handicap or disability. The Consultant may, <br />however, make preemplyment inquiry into an applicant's ability to <br />perform job-related functions. <br /> <br />b. When the Consultant is undertaking affirmative action efforts, <br />voluntary or otherwise, the contractor may invite applicants for <br />employment to indicate whether and to what extent they are <br />handicapped. This may occur if the following conditions are met: <br />the contractor clearly states on any written questionnaire used for <br />this purpose, or makes clear orally, that the information requested <br />is intended for use solely in connection with its remedial action <br />obligations, or its voluntary or affirmative action efforts; and the <br />contractor states clearly that the information is being requested on <br />a voluntary basis, that it will be kept confidential and in a separate <br />medical records file, that refusal to provide the information will <br />not subject the applicant or employee to any adverse treatment, and <br />that the information will be used only in accordance with this part. <br /> <br />c. Nothing shall prohibit a Consultant from conditioning an offer of <br />employment on the results of a medical examination conducted <br />before the employee's entrance on duty if all entering employees in <br />that category of job classification must take such an examination <br />regardless or handicap. <br /> <br />d. If the Consultant must obtain information concerning medical <br />condition or history of the applicant, it must be collected and <br />maintained on separate forms that are accorded confidentiality as <br />medical records, except that: supervisors and managers may be <br />informed or restrictions on the work or duties of individual with <br />handicaps and informed of necessary accommodations; first aid <br />and safety personnel may be informed if the condition might <br />require emergency treatment; and government officials <br />investigating compliance with Section 504 shall be provided <br />relevant information upon request. <br /> <br />5. DAVIS-BACON ACT AND LABOR STANDARDS. Consultant agrees to comply with <br />the requirements of the Davis Bacon Act as amended, the provision of Contract Work <br />Hours, the Safety Standards Act, the Copeland Anti-Kickback Act (40 U.S.C. 276,327- <br />333) and all other applicable Federal, State and local laws and regulations pertaining to <br />labor standards insofar as those acts apply to the performance ofthis agreement. <br /> <br />Senior Center <br />Project No. 210-18-116 <br />CDBG - Rev. 3/15/04 <br /> <br />2/6/06 <br />Page 34 of39 <br />